The state of Maine has lost a legal effort to reinstate a two-year license suspension of a nurse who let a disoriented 61-year-old patient leave Down East Community Hospital in Machias amid a snowstorm, according to Bangor Daily News.
On Jan. 1, 2008, John S. Zablotny, RN, he on duty nursing supervisor, permitted Reid Emery's discharge after the patient requested to leave the hospital against his physician's recommendation. The patient reportedly said he only had to travel a short distance on foot. Mr. Emery left the hospital — allegedly wearing only jeans and a flannel shirt — and was found dead beneath more than a foot of snow about 380 feet from the main entrance of Down East the following day, according to court documents cited by Bangor Daily News.
After the incident, the nursing board suspended Mr. Zablotny's license for two years. This penalty was later reduced to 90 days by a district judge after appeal. On Tuesday, the Maine Supreme Judicial Court unanimously rejected an appeal by the state nursing board to reinstate the two-year suspension.
"This relatively minor [90-day] sanction for what was truly egregious conduct compelled the Board of Nursing to seek review of the district court's decision in order to protect the public safety," Timothy Feeley, spokesman for the Maine attorney general's office, told the Bangor Daily News via email. "Today's law court decision upheld the lower court's findings against Mr. Zablotny, but also concluded that the lower court was not compelled to find further violations."
In an email to the Bangor Daily News responding to Mr. Feeley's statement, Joseph Baldacci — Mr. Zablotny's attorney — categorized the case made by the attorney general's office as misguided.
"In this second appeal, the [state] supreme court affirmed the district court's judgment that had blown away about 90 percent of the state's case and now the state, after investing millions in this misguided prosecution, is trying to cover themselves publicly for what they did," said Mr. Baldacci.
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